, 1887-07-22
THEY CAN GO.
Witnesses and Jurors in the Mccoy
Case Excused Till Aug. 29.
The Order for a Change of Judge
Sustained.
Arguing the Motion for a New Trial
for Chas. TrumbIe.

When court convened at 9 o'clock
yesterday morning there was a large
audience present, anxious to ascertain
what disposition would be made of the
Began, alias Mccoy case. Fully a score
of gentlemen from Lusk who were sun
moned as witnesses occupied seats in the
room and discussed in low tones the status
and probable action in the matter. To a
mar they desired that the trial should
proceed at once and terminate at an early
date, as they desired to return home and
resume their respective occupations.
A short time after Judge Maglnnis took
possession of the bench, United States
Attorney Campbell arose in behalf of
Prosecuting Attorney Stoll, who is suffer
ing from hoarseness, and made the anti
cipated motion to the effect that Judge
Maginnis' order granting a change of
judge be vacated, or rescinded,. and that
the case be declared the order of the day.
In an able argument Mr.. Campbell urged
the allowance of the motion, citing nu-
hiOlOuo aublOilblCo, anu SldlluR duuOuB
other things that a postponement of the
trial would be a great hardship to the
witnesses present and cost the territory a
large amount of money which should be
otherwise expended.
AT the afternoon session of court, Mr..
John A. Riner spoke In opposition to the
motion. His argument was pronounced
a brilliant effort and was attentively lis
tened to by a large audience.
Judge Maginms delivered his ruling
Immediately after the closing argument
had been finished, and in a few well
chosen words decided that the motion
made by the prosecution should be over
ruled.
Tho witnesses were placed under bonds
to the amount of $500 each and the case
postponed until August 30, at which
time Judge Corn will be present.
After the Mccoy case had been dis
posed of for the present. Prosecuting
Attorney Stoll replied to the defendants
motion for a new trial for Tumble, the
murderer of Miley, aud was followed by
Attorney Rowan for the defense. The
case was continued until this morning,
when it will again receive the attention
of those concerned.
A series OF affidavits presented by the
prosecution and defense in the Tumble
case were admitted as evidence yesterday.
Those of the prosecution alleged that
Attorney Rowan had approached several
citizens of Lusk at the conclusion of
Trumble's trial and ~apologized for SLAM
dering them during his argument. The
afidavits Of the defense stated that Pros
ecuting Attorney Stoll made gross mis-
statements concerning remarks made by
the attorney for the defense.
+ In reply to the statement ofthe defense
that Trumble's rights were p~rejudiced by
the presence of Judge Carroll on the,
bench and that the latter had an oppor-
tunity to tamper with the Jurors, Mr..
Stoll replied that it was customary in
courts everywhere for the Judge to call a
substitute at his W pleasure during the
progress of an argument, and that as
Judge Carroll did not speak to the jurors
no harm had been done.
1t is said that Mccoy and Tumble are
the most quiet couple confined in the
county Jail, and are the last to be sus-
pected of an attempt to escape, although
all Of the prisoners are carefully guarded.